WHY REJECT CUSTOMARY LAND PRIVATISATION
Most of the world’s land is still stewarded by communities under customary systems. Billions of people rely on communally managed farmland, pasture, forests and savannahs for their livelihoods.
This collective management of resources is viewed in the colonial or capitalist economic model as an obstacle to individual wealth creation and private profit.
Across much of Africa, land is not allocated and inherited under statutory law but through customary practices rooted in kinship. In patrilineal systems, land belongs to men’s families and is inherited through the paternal line.
In Zambia, many ethnic groups follow a matrilineal system, where women own land and pass it down the maternal line.
By Ben Cousins, Emeritus Professor, Institute for Poverty, Land and Agrarian Studies (PLAAS), University of the Western Cape
* This article originally appeared in the The Conversation on 22 June 2021
Securing women’s land rights remains high in the news and in the development agenda in recent months. A quick search on Land Portal shows since March this year more than 250 resources related to land & gender, including news articles, blogs and publications.
Zambia’s launching of a National Lands Policy on 11 May 2021 represents an important achievement after almost two decades of periodic drafting, consultation and validation attempts.
In some closing words to the Forum, Vicky Tauli-Corpuz (UN Special Rapporteur on the Rights of Indigenous Peoples, United Nations) applauded the attention given to customary land tenure. For communities there has always been a struggle for their practices to be acknowledged, despite the fact that these existed long before the arrival of state governments. She found much promise in some of the legal work taking place in the Mekong region.
The first session of the 3rd Mekong Regional Land Forum looked to clarify an understanding of customary land tenure systems, and bring a focus upon communities living in and around forestland areas of the Mekong region. The session observed some of the policy developments that could lead to greater recognition of customary tenure and land security for community members.
Summaries and selected replays from the 3rd Mekong Regional Land Forum are available below. Full replays of the plenary sessions will be posted shortly -- check back soon!
By Sônia Guajajara (Guajajara), Executive Coordinator for the Articulation of Indigenous Peoples of Brazil (APIB); Vicky Tauli-Corpuz (Kanakaney-Igorot), former UN Special Rapporteur on the Rights of Indigenous Peoples; Gregorio Mirabal (Wakuenai Kurripaco), General Coordinator of Indigenous Organizations of the Amazon Basin (COICA); and Peter Seligmann, co-founder and CEO of Nia Tero.
On the International Women’s Day – and every day – we must call out gender bias wherever we see it. The trouble is, when it comes to land and property rights, much is hidden behind closed doors. But now, a new survey is giving voice to women around the world, letting them share their perceptions of their property rights.
When Talabitti’s husband died in 2016, her claim to the family land seemed to die with him. Though her husband had worked the family land by himself, upon his death his male cousins laid their claim. If Talabitti attempted to make a competing claim, they threatened to drive her away – with violence, if necessary. Sadly, this threat materialized.
